December 2017Transmittal 442
Effective: 12/1/2017
Banks and Banking Regulations Q and WW
The Board
is adopting a final rule that promotes U.S. financial stability by
subjecting U.S. top-tier bank holding companies identified by the
Board as global systemically important banking organizations (G-SIBs),
the subsidiaries of any U.S. G-SIB, and the U.S. operations of any
foreign G-SIB to restrictions regarding the terms of their non-cleared
qualified financial contracts (QFCs).
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The final rule also amends certain
definitions in the Board’s capital and liquidity rules; these
amendments are intended to ensure that the regulatory capital and
liquidity treatment of QFCs to which a covered entity is party is
not affected by the final rule’s restrictions on such QFCs.
The final rule is effective November 13, 2017 (Regulation Q at 3-2100
and Regulation WW at 3-3850, Docket R-1538) and was published in the Federal Register on September 12, 2017. Regulation
WW
The Board, the Federal Deposit Insurance
Corporation (FDIC), and the Office of the Comptroller of the Currency
(OCC) (collectively, “the agencies”) jointly issued on
October 23, 2017,
Frequently Asked Questions on Implementation
of the LCR Rule, to clarify certain aspects of the existing Liquidity
Coverage Ratio (LCR) rule and modified LCR rules for supervised institutions
and supervisory staff based on questions that the agencies have received
since the rules were published.
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The LCR rule applies to bank
holding companies, savings and loan holding companies without significant
insurance or commercial operations, and state member banks with $250
billion or more in total assets or $10 billion or more in on-balance
sheet foreign exposure and to these holding companies’ subsidiary
depository institutions that have total consolidated assets of $10
billion or more. The modified LCR rule applies to bank holding companies
and savings and loan holding companies without significant insurance
or commercial operations that, in each case, have $50 billion or more
in total consolidated assets but do not meet the thresholds stated
above to be covered by the LCR rule. As the agencies issue additional
frequently asked questions (FAQs) in response to questions received,
the Board will periodically update the FAQs (Regulation WW, FAQs on
LCR Rule at 3-4100). Holding and Nonbank Financial
Companies Regulation YY
The Board is adopting a final rule to promote U.S. financial
stability by improving the resolvability and resilience of systemically
important U.S. banking organizations and systemically important foreign
banking organizations pursuant to section 165 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act).
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Under the final
rule, any U.S. top-tier bank holding company identified by the Board
as a G-SIB, the subsidiaries of any U.S. G-SIB (other than national
banks, federal savings associations, state nonmember banks, and state
savings associations), and the U.S. operations of any foreign G-SIB
(other than national banks, federal savings associations, state nonmember
banks, and state savings associations) would be subjected to restrictions
regarding the terms of their non-cleared qualified financial contracts.
First, a covered entity generally is required to ensure that QFCs
to which it is party provide that any default rights and restrictions
on the transfer of the QFCs are limited to the same extent as they
would be under the Dodd-Frank Act and the Federal Deposit Insurance
Act. Second, a covered entity generally is prohibited from being party
to QFCs that would allow a QFC counterparty to exercise default rights
against the covered entity, directly or indirectly, based on the entry
into a resolution proceeding under the Dodd-Frank Act or Federal Deposit
Insurance Act, or any other resolution proceeding, of an affiliate
of the covered entity. The FDIC and the OCC are expected to issue
final rules that would subject G-SIB subsidiaries for which the FDIC
and the OCC are the appropriate federal banking agency to requirements
substantively identical to those in this final rule. The final rule
is effective November 13, 2017 (Regulation YY at 4-783, Docket
R–1538) and was published in the Federal Register on September
12, 2017 Procedural and
Organizational Rules Rules Regarding
Availability of Information
The Board is finalizing
its interim final rule amending its regulations for processing requests
under the Freedom of Information Act (FOIA) pursuant to the FOIA Improvement
Act of 2016. The amendments clarify and update procedures for requesting
information from the Board, extend the deadline for administrative
appeals, and add information on dispute resolution services. The interim
final rule became effective on December 27, 2016.
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This rulemaking finalizes the
interim rule with minor edits. The final rule is effective November
24, 2017 (Procedural and Organizational Rules, Rules Regarding Availability
of Information at 8-190, Docket R-1556) and was published in the Federal Register on October 25, 2017.